Herbal Extra.com

Terms of Use Agreement

Preamble:

By accessing our websites, we ask that you follow the policies outlined below. Thank you for visiting www.herbalextra.com

Welcome to the Herbal Extra Website (“Site”). This Terms of Use Agreement (“Agreement”) sets forth the Agreement between Herbal Extra, (“we”, “us”, or “our”) and each user (“user”, “your” or “you”) governing the use by you of this Site, Please read this Agreement before using this Site. By using this Site, you agree to be bound by the terms of use contained in this Agreement. By accessing this Site you agree that you have read, understand and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THE TERMS AND USE OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE.

This Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on this Site, including information that may be provided on this Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

Terms of Use may change periodically. We will notify you of any material changes to the Agreement by posting a notice on this Site homepage for a reasonable period of time. You agree to regularly review this Agreement for any changes or modifications. Your continued use of this Site means that you accept any changes or modifications to this Agreement.

www.herbalextra.com website is legally owned and managed by Herbal Extra, a romanian concern with headquarters in Romania, Pitesti, Traian street.

Herbal Extra is a romanian private company, legally established acording to the Law 31/1990, regarding the organisation and functioning of the comercial companies, republished with subsequent amendments.

The entire content of the www.herbalextra.com webpages is protected by the romanian and international copyright, by Law no 8/1996 regarding the copyright and related rights, republished with subsequent amendments, by the norms established by the Romanian Copyright Office, founded by the Law 8/1996 and coordinated by the Ministry of Culture and by the rules establised by the The World Intellectual Property Organization(WIPO).

Herbal Extra guarantees users limited access for strictly personal interest, on www.herbalextra.com website. Users or visitors of the site do not have the right to change partially or integral the content or structure of the website, to reproduce partially or integral, to copy, to sell/resell or to exploit the site in any other manner, for commercial purposes or against the interests of Herbal Extra without written consent. Any attempt of threatening the integrity of www.herbalextra.com website, database, the performance of the systems that runs and hosts the website or any other fraud attempts will be directly reported to the competent authorities with the request of identifying and holding accountable the culprits and their accomplices, in accordance with the criminal law.

The copyright owner is Herbal Extra

Website access conditions:

The www.herbalextra.com website is an online store owned by Herbal Extra

The users and visitors of the websites hosted on www.herbalextra.com are permitted to print or download specific elements of the webpages (images, text, graphics, icons, ripts, programs and other data) from different areas of this page only for personal, non-commercial use.

The use for any other purposes, without the consent Herbal Extra, of any of the items listed above is punishable by the laws in effect;

Accessing the online store or purchasing products sold by it via www.herbalextra.com site implies your unconditional acceptance of all the “Terms and Conditions” specified below by the owner of the Herbal Extra

For the proper use of the website www.herbalextra.com, Herbal Extra recommends for all users and visitors to carefully read the “Terms and Conditions” listed below while taking into account the following aspects:

a) Herbal Extra reserves the right to make changes and additions to the “Terms and Conditions” at any time, without any further notice;

b) Accessing the webpages hosted on www.herbalextra.com implies your unconditional acceptance of these “Terms and Conditions”;

c) The use (visiting or buying) of the products sold via the online store hosted on the website www.herbalextra.com implies your unconditional acceptance of these “Terms and Conditions”;

d)People who, after having carefully read and notified the content of these “Terms and Conditions”, do not agree to these regulations, established by the owner/administrator of the Herbal Extra, are asked to immediately leave the webpages hosted on www.herbalextra.com and delete from their systems any images, logos, text, graphics, rips, icons, web graphic elements, programs or web databases downloaded when accessing these pages.

Website use policy:

By accessing and using the website www.herbalextra.com you assume the full risk and responsibility for the use of the Internet;
Herbal Extra does not guarantee that the website will operate non-interrupted or error free or that defects of the page/pages will be corrected within a certain period of time;
Herbal Extra does not guarantee that the website, the servers used to access it or the e-mails sent on behalf of the online store are free of viruses or other harmful components specific to the Internet.
Terms and conditions:

I. General dispositions

The online store hosted on the website www.herbalextra.com allows both viewing marketed products and information on specifications provided by the manufacturer and registration of orders on purchasing one or more products.

Information on the products sold and the registration of orders for the purchase of products involves:

a) your unconditional acceptance as a visitor/customer of these “Terms and Conditions”;

b) your acceptance as a visitor/buyer on the use of an e-mail address as means of distance communication;

c) your acceptance as a visitor/customer on the fact that if, in regard to one or more products sold via the online store http://www.herbalextra.com, references to other sites will be made, Herbal Extra does not guarantee and/or certifies in any way the type of information or content that you will find on these sites. It is up to you if you want to access or not these sites and take or not into account the information found on these sites. Herbal Extra can not be held responsible for their contents or the safety/risk posed by accessing them;

d) the pictures of the products sold via the online store http://www.herbalextra.com site along with related information of the administration and use and technical specifications have a purely indicative and presentation purpose, and are made ​​available for you (as a visitor/customer) in accordance with the manufacturer, suppliers/distributors or authorized representatives;

e) the products marketed by us via the online store http://www.herbalextra.com have a standard warranty offered by each brand/product;

f) we isn’t not responsible in any way for situations of any nature arising from the use, in any way, of the products purchased via the online store http://www.herbalextra.com;

g) We not guarantee, either expressly nor implicitly, the fact that the products sold via the online store the http://www.herbalextra.com match or fit any particular purpose. By accepting these “Terms and Conditions” you, as a visitor/customer, directly express your agreement to the fact that buying and using products sold via the online store http://www. herbalextra.com is made at your own risk.

II. TERMS AND DISPOSITIONS OF THE RESPONSIBILITIES AND OBLIGATIONS OF THE PARTIES

The information’s presented on the website www.herbalextra.com are for information purposes only and can not be considered in any way a substitute to a medical consult, an advice of a pharmacist or a nutritionist;

You, as a visitor/customer are required to read carefully each time the prospectus of any product purchased through the online store hosted on the website www.herbalextra.com and, if necessary, you are obliged to seek medical advice before consuming/using the products purchased;

If you suffer from any disease or you are suspected of any conditions, you as a visitor/customer are obliged to seek the advice of their physician and/or specialist before consuming/using any product purchased through the online store hosted on the website www.herbalextra.com;

Visitors/customers are informed in this way that certain products sold by us through the online store hosted on www.herbal.com are supported by Romanian legislation and can be sold as such without any special formalities but it is possible that these products are prohibited or subject to special marketing in other countries, members or not of the EU, so that the visitor/customer is required to inquire in this regard from the competent authorities of the state in which the products are to be delivered;

We is in no way responsible for the situations of any kind in which the products ordered via the online store hosted on www.herbalextra.com are prohibited or subject to special regulations in the state where they are to be delivered. The delivery is done at the risk of the visitor/customer, all the costs being entirely supported by him, including the costs of returning the product, its destruction as a result of legal regulations of the country where the delivery is made or costs of special regulations of the country concerning this kind of products;

The visitors/customers are informed in this way that the images of the products sold via the online store hosted on www.herbalextra.com are purely informational. The producer can modify/change the packaging or label design/form without expressing any preliminary notice;

www.herbalextra.com tries to provide visitors/customers correct and detailed information of the products they sell through the online store but does not assume any responsibility for errors related to the quality and/or performance of products;

Herbal Extra as the owner/administrator of the website www.herbalextra.com does not assume responsibility for direct or indirect warranties offered by manufacturers of the products;

Herbal Extra as the owner/administrator of the website www.herbalextra.com does not assume responsibility in front of our visitors/customers for not honoring one or more orders due to the fact that the provider/manufacturer does not have the product on stock;

The disounts of the products sold via the online store hosted on the website www.herbalextra.com are available only in limited stock.

III. TERMS AND DISPOSITIONS OF THE SOLD PRODUCTS

The online store hosted on the website www.herbalextra.com is specialized in marketing natural and organic products, to any person who has reached the age of 18, or to any legal person established in the country legally or abroad;

For each product listed and sold through the online store hosted on the website www.herbalextra.com, Herbal Extra commits itself to check all their essential characteristics, allowing the visitor/customer an identification, purchase and choice as correct as possible;

Herbal Extra reserves the right to modify without notice the characteristics of the displayed products.

Images published on the site are only for information and guidance, the packaging and presentation of the products supplied can sometimes differ from the images on this site in any way (color, appearance, manner of presentation, etc.);

All products sold by Herbal Extra via the online store hosted on the website www.herbalextra.com meet the Romanian legislation in effect, as it is harmonized and complemented by the norms of international law, in accordance with Art. 11 of the Constitution;

Herbal Extra, as the owner/administrator of the site www.herbalextra.com can not be held responsible for misuse or abuse of the ordered products;

The term of validity of the products marketed by Herbal Extra via the online store hosted on www.herbalextra.com is the one indicated by the manufacturer and labeled on the packaging.

IV.CONDITIONS OF ORDER AND PURCHASE OF THE PRODUCTS

To be able to purchase products marketed via the online store hosted on the website www.herbalextra.com a natural or a legal person, who have agreed to the content of these “Terms and Conditions” can opt for one of the following acquisition ways: create an account or GUEST CHECKOUT, ​​following the selection of methods of delivery, methods of payment and order confirmation.

Orders registered and confirmed will have between 2 and 3 working days for processing or will be shipped in the same day if the ordered products are available.

The period of time between the placing of the order and the actual delivery of that product depends on the country/state,.

Once the visitor/customer has followed the right steps/phases of creating an account or guest checkout and has confirmed the order, it is considered that the provisions of the Art. 1187, Art. 1,188, reported and corroborated by the provisions of the art. All 1196 of the Civil Code, have been met, and between Herbal Extra and the visitor/customer a contract of sale has been concluded in electronic form, as stipulated by Art. 1245 of the Civil Code and Law no. 365/2002 on electronic commerce, republished with subsequent amendments.

V. PRICING TERMS AND CONDITIONS

Prices of the products sold via the online store hosted on www.herbalextra.com are  in U.S. dollars (USD) and include VAT;

Herbal Extra reserves the right to modify the price of any product without notice. The price of the ordered products will be displayed when the products will be placed in the shopping cart and when the visitor/customer has completed and confirmed his order;

The invoicing of the products will be made ​​in accordance with the prices displayed at the time of the registration of the order. The invoice will not include the rate/costs of transportation and delivery. Transportation costs for delivery of the product/products depend on the chosen courier, distance and weight of the package.

Prices of the products sold via the online store hosted on www.herbalextra.com are displayed for each product;

Herbal Extra, as the owner/administrator of the website www.herbalextra.com reserves the right to conduct any promotional campaign on the products listed on the site, whose conditions will be determined entirely by the company;

Product prices may be amended at any time without notice. Herbal Extra does not bear responsibility for incorrect data supplied by third parties.

VI.CONDITIONS AND WAY S OF PAYMENT

The Payment of the products purchased via the online store www.herbalextra.com will be made via Bank Transfer.

The value of the products is confirmed by a telephone call or via e-mail. The confirmed value will include the product price plus the shipping courier tax, chosen by the visitor/customer.

If the visitor/customer has chosen to pay by credit card (online payment, if this payment method is implemented and functional) the invoice is paid in advance by transferring the amount into the account of Herbal Extra, as indicated on the website.

In this case the order will be processed, as soon as possible, after receiving confirmation of payment.

VII. RETURN POLICY

According to Government Ordinance no. 130/2000 on consumer protection in the conclusion and execution of remote contracts, updated:

“The consumer has the right to notify in writing the merchant that he wants to waive the purchase, without penalty and without giving any reason, within 10 working days after receiving the product or, in case services were provided, after contract termination.”

The written notice will be signed and dated. This notice will be sent to the sender mentioned in the invoice accompanying the product.

Products must be returned in their intact packaging, undamaged in any way and with all the documents accompanying the shipment.

For any unsealing of the products, it will be deemed that the customer has accepted the products in question and the returning products will not be possible.

All shipping and return shipment costs will be borne entirely by the customer/consumer.

The return of the amounts paid by the customer/consumer will be done exclusively via the bank account of the client/consumer. We do not accept a different account than the one belonging to the client/consumer, who has requested the reimbursement. The return of the amounts representing the value of the order will be done within a period of 10 days from the time the products are in possession of Herbal Extra.

VIII. PERSONAL DATA PROCESSING POLICY

All personal data communicated by the visitor/customer, who visits the online store hosted by www.herbalextra.com or fills out the order form of the online store hosted by www.herbalextra.com , will only be used in the stated purpose of this website and “marketing of products that are sold in health stores, to any person who has reached the age of 18, or to any legal person legally established in the country or abroad”;

All information supplied to Herbal Extra are used in strict compliance with the provisions of the Law no. 677/2001 on the protection of individuals in regard to the processing of personal data and the free movement of such data, republished with subsequent amendments;

The information provided by the visitor/customer by filling out the order form will be used only to confirm the receiving of the order and to send him the ordered products, to inform the visitor/customer of any certain promotions or to be able to contact him;

All information collected on the website www.herbalextra.com will be considered by Herbal Extra as strictly confidential and can not be subject to sales, leases, transfers, can not be disclosed or borrowed under any circumstances to third parties, natural or legal persons;

The definition of cookies: “A HTTP cookie or cookie is a special text, often coded, sent by a server to a web browser and then sent back (unchanged) by the browser every time the server is accessed. Cookie are used for authentication and for remembering the user’s preferences and implementation of the shopping cart.” The cookie modules used by the administrator/owner of the web-site http://www.herbalextra.com do not include personally identifying information.

IX.SPAM POLICY

Herbal Extra does not use and do not encourage spam messages, as they are defined by Law 506/2004 (art. 12) on the processing of personal data and privacy in the electronic communications sector, republished with subsequent amendments and completions.

Herbal Extra strictly complies with both domestic and international legal provisions regarding the processing of personal data and the protection of privacy in the electronic communications sector, legal provisions approved in Art. 26, Art. 28, Art. 31 of the Constitution and do not send e-mails to visitors/customers only after their acceptance and only in regard to the data of the order made by them.

Electronic messages that contain information about news and promotions (Newsletter) defined as: “Periodical, quarterly, monthly or weekly newsletter, published by a commercial company, including news and information’s (activities, projects, etc.) intended for a well defined local audience: clients, distributors, employees, public, public organisations, etc” are sent by Herbal Extra. only to users/buyers that expressed prior consent.

The http://www.herbal extra.com clients can unsubscribe to our newsletter at any time by clicking the link on the bottom of the page.

X. POLICY CONCERNING COMPLAINTS, COMMUNICATIONS AND SUGGESTIONS

Complaints or suggestions of any kind can be sent in writing via e-mail, sent to the “CONTACT” section (button), hosted on the web-site.

Users (visitors/customers) of the online store hosted by www.herbalextra.com can write and post comments or other communication; they may submit suggestions and ideas, they may submit questions or require more detailed information, as long as the content and published texts is not illegal, obscene, threatening, defamatory, does not disturb and does not affect the privacy of any other person, does not infringe intellectual property rights, does not contain elements specific to the Internet pests (viruses), does not represent texts regarding various promotional campaigns, letters of “chain”, mass mails or any form of spam, and does not contain an anti-Semitic, racist, xenophobic, homophobic or any other message that incite to discrimination of any kind based on race, sex, sexual orientation, political affiliation, etc.

If users (visitors/customers) of the online store hosted on www.herbalextra.com , natural or legal persons, will use an e-mail that does not belong to them or do not have legal access to it, will send emails or other communications on behalf of another natural or legal person or on behalf of any other entity, Herbal Extra will immediately notify the competent authorities, to identify those responsible and apply legal sanctions (criminal and/or civil), under the applicable law.

Herbal Extra reserves the right (but not the obligation) to remove any such content identified on www.herbalextra.com address.

Herbal Extra can not be held responsible in any way nor can it be asked for any compensation by way of damages/interests, regardless of the damage (detriment) caused by such texts/communications/incitement.

If users (visitors/customers)of the online store hosted on www.Herbalextra.com send or display materials/documents/pictures or information of any kind, Herbal Extra can not be accused or suspected of copyright infringement, unfair competition or aggressive advertising, considering that the person/people who have published these materials on the website http://www.herbalextra.com have legal and legitimate right to use it and/or distribute, the only person/people who published these materials guaranteeing that they have this right.

Also, in a situation like the one described in the preceding paragraph, Herbal Extra will consider that the user/person/people who published these materials gives Herbal Extra and affiliates/associates its non-exclusive, unrestricted, free, irrevocable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works and projects, as well as the right to distribute and present this content anywhere in the world by any legal means.

XI.SPELLING/PRINTING ERRORS/MISTAKES

In the event that the price of the product or some features of the product have been wrongly introduced in our database or displayed incorrectly, and the delivery was not made yet, our company reserves the right to cancel the delivery of the product and to inform the customer as soon as possible about the error that has occurred;

Herbal Extra can not be held responsible for any typing errors of the information published on the website www.herbalextra.com, or regarding the characteristics of marketed products or regarding prices or pictures shown, users (visitors/customer) of the online store hosted on www.herbalextra.com having the opportunity to ask via e-mail information, details about the marketed products or about the ongoing promotions;

Herbal Extra can not be held responsible for any errors in the content of leaflets or presentation flyers of the products sold through the online store hosted on www.herbalextra.com. Responsibility in the event of such errors/mistakes lies with the manufacturers/distributors of the product.

XII.LITIGATION POLICY

In the event of disputes or conflicts arising between Herbal Extra and users (visitors/customers) of the online store hosted on www.herbalextra.com, they will be resolved, if possible, amicably through mediation or conciliation between these two parties.

In case the amicable settlement fails conflict parties will address the competent courts of Romania.

In case the amicable settlement of the conflict fails, pursuant to Art. 1203 Civil Code, the parties agreed on:

a)The competent courts of justice in the radius of Herbal Extra headquarters;

b)All disputes, whose amicable settlement fails, will be the subject of the courts of Romania and will be resolved in accordance with the Romanian legislation in effect at the time of the concluding of the contract.

XIII. FINAL PROVISIONS

Herbal Extra reserves the right to change prices without notice and delivery depending on market conditions, inflation, exchange rate change, protest actions of various trade unions or employers’ associations, etc;

Herbal Extra, as the owner/administrator of the site www.herbalextra.com, reserves the right to make any changes to these provisions as well as any changes to the website, to the structure or any other changes that may affect the website , without prior noticing the users in this regard;

Herbal Extra, as owner/manager of the www.herbalextra.com website, uses security measures (specific programs) against the loss, misuse or alteration of information that they have;

Herbal Extra, as owner/manager of the www.herbalextra.com website, can surrender and/or subcontract a third party for order fulfillment services, informing users (visitors/customers) of the online shop hosted on www.herbalextra.com, but not requiring, in this regard, their consent;

Along with the order, the visitors/customers of the online store hosted on www.herbalextra.com, accept the terms and conditions of use, the value of these “Terms and Conditions” being identical to that of a valid contract between the parties, in terms of art. 1166 and following of the Civil Code.